Tag: flagraising

Seven Papuan activists are now in jail of POLRES Manokwari for conducting peaceful demonstration and unfurling 14-star flag

The following news has been translated from Cahaya Papua daily
newspaper – Thursday 30 December 2010.
For further information about these activists please contact the cell
phone their lawyers:
Leonard Yarollo: +62 852 44553375
Jan Christian Warinussy: +62 81344694500

Title:
Melky Bleskadit and his Friends Rejects Signing the Letter of Transfer
to Public Prosecutor

Manokwari – Seven Papuan activists who were arrested and charged with
treason articles for the case of unfurling the 14-Star Flag on 14
December 2010 reject to sign the letter of transfer for their arrest
to public prosecutor.
One of the suspects who is now in the (jail) of Polres Manokwari,
Melky Bleskadit says that he does not want to sign the paper because
it is not procedural.
“We have been accompanied by our lawyer, so everything that is related
to legal process of us has to be done through our lawyer, Jan
Christian Warinussy,” he said to Cahaya Papua daily newspaper from
behind the iron bars.
The secretary general of the Council of the Committee for the
Preparation of the Proclamation of the Sovereignty and Independence of
West Melanesia said that until now since being arrested, he and his
friends have just been examined once which was the moment after they
had just been detained and brought to the office of the Indonesian
police in Manokwari.
Melky said that he was asked 38 questions related to his involvement
during their action on 14 December especially his action of unfurling
the 14-Star flag for the duration of around 10 seconds in front of the
mass while giving his oration.
Quoting his answer to the police, Melky rejects the accusation which
says that their action is an “aksi makar” or act of treason against
the government and sovereignty of NKRI (the unitary state of the
Republic of Indonesia). According to him, expressing his opinion is
the right of everybody which has been regulated in the Indonesian
constitution of UUD 1945 article 39 verses 17 and 18, Law No 9 year
1998, as well as Law No. 14 year 2008.
The handling of Papuan case, furthermore he says, has to be carried
out democratically by respecting values of humanity. In his opinion,
dialogue is the best way to respond and to find final solution to the
conflict between Papua and the NKRI.
Melky stated that the central government have used passive and
repressive approaches towards the Papuan people.
“Papuan people have democratic rights, so we deserve to be given space
for democracy. Don’t use repressive approach in solving the conflict,”
he said.
Melky and his friends have been in the detention room for 16 days
since the day when they were arrested. The room with the size of 5 x 8
meters is filled with Melky and his friends, together with 20 other
criminals.
He said that he had submitted a letter for requesting the postponement
of their arrest to chief of the Indonesian police of Manokwari regency
to celebrate Christmas with families but his effort has been rejected.

Related Articles
5

Lawyer, five students and others arrested in Manokwari

Above Photos: Assault & Arrest of Melki Bleskadit, Rev. Daniel and 6 youth Human Rights and Democracy Papuan Student Activists.
Names: Jems Aisoki, Yakonias Imbiri, Wilson Wader (Secretary of Youth Solidarity for Melanesian West Papua), Edi Kogoya, and two Youth Activist Students whose identity is not yet known. (trans)

In both cases, the reports have been abridged in translation by TAPOL

According to a report received this morning (14 December) from LP3BH,
the legal aid and investigation institute based in Manokwari, a member
of their lawyers team has been arrested by the police while he was
involved in monitoring a flag-raising incident on Tuesday, 14 December.

As reported by Yan Christian Warrinussy, executive director of the
LP3BH, the flag-raising is  an event held every year on 14 December to
mark the  anniversary of the independence proclamation by the West
Melanesian Council 22 years ago [in 1988] by Dr Thomas Wanggai [who died
shortly thereafter]

This year's anniversary flag-raising took place outside the office of
the Manokwari district office, under the leadership of Melkianus
Bleskadit, who was subsequently arrested by the police, acting on the
orders of police chief Agustinus Supriyanto . The Rev. Dance Yenu and
five others, all students were arrested, apparently for unfurling a flag.

A member of the institute's  human rights defenders team, Simon Risyard
Banundi, was arrested while monitoring the event, as part of the LP3BH's
human rights activities. Banundi is also a member of the Indonesian
organisation of lawyers, PERADIN which is the oldest lawyers
organisation in Indonesia.

The institute says that his arrest is in clear violation of article 17
of the criminal procedural code, Law 39/1999 on Human Rights, and Law
18/2003 on Lawyers and the International Convention on Human Rights
Defenders as well as the Universal Declaration of Human Rights.

In a subsequently message, Warinussy  described the action by the
police  as being 'very arrogant', and  pointed out that Banundi, who has
been working as a member of the staff of the LP3BH for a year, has
frequently issued statements that are very critical  of the activities
of the police as well as the army, in response to their efforts to
reform both the police and the army, and critical in particular the
police special force, Brimob in Manokwari who are often seen drinking
alcohol with local people while bearing weapons that belong to Brimob.
On several occasions, they  are heard firing these weapons into the air.

Since his arrest this morning and up until 8pm, Simon Banundi has not
yet been interrogated because he is refusing to answer any questions as
he has no lawyer to accompany him. Nor have the police given any reason
for Simon's arrest.

In the opinion of PERADIN, his arrest is unlawful because he was in the
course of performing his duties a human rights defender

The flag-raising event is also reported in today's Bintang Papua though
they have not yet reported the arrest of Simon Banundi. The paper did
however report that the security forces had mustered a large number of
personnel, saying that they 'would not tolerate any unfurling of the
flag'. No fewer that 999 personnel were deployed in anticipate of the
event.

The paper reports that the deployment of special forces has been under
way for four days 'in order to ensure that the general public can
proceed with their activities without hindrance' according to the
police in the capital city of Jayapura , as well as along the border
with PNG, in order 'to guard vital places such as the governor's office,
the DPRP's headquarters and other places.
5

SMH: Indonesia backdown on state 'torturers'

Tom Allard

The Ambon-based unit of Detachment 88, accused of brutality and the torture of peaceful political protesters, will be disbanded, the head of the elite counter-terrorism force, Tito Karnavian, has said.

The decision to remove Detachment 88 entirely from the Malukas archipelago came as a Herald investigation exposed serious abuses of political prisoners in the province by its members last month.

Brigadier General Karnavian said it was clear the Malukan separatists were peaceful, and therefore there was no need for Detachment 88 to be involved in the province. ”Detachment 88 in Ambon will be dismissed very soon,” he said.

The Herald yesterday revealed allegations by a group of men who were arrested last month and taken to Detachment 88’s Ambon headquarters. They said they were beaten for up to a week; brought to the point of suffocation with plastic bags placed over their heads; pierced with nails while forced to hold stress positions; and ordered to eat raw chillies. Two men were hospitalised.

It was also revealed the Australian embassy in Jakarta had sent an official to investigate the abuses, and the US had blacklisted members of Detachment 88 based in Ambon, the Maluku capital, and had refused to train or equip them since 2008.

Brigadier General Karnavian denied there was a systemic problem of excessive force within Detachment 88, a criticism that has also surfaced because of the number of terrorist suspects – 17 in the past year – who have been shot dead rather than arrested.

He said the new allegations of abuses in Maluku could be investigated by local authorities or, possibly, internal affairs.

But Kontras, Indonesia’s leading human rights group, said an independent review of Detachment 88 was the only way to have a serious investigation into its alleged abuses.

HRW: Indonesia: Free ‘Balloon Activists’ in Ambon

HUMAN RIGHTS WATCH

Indonesia: Free ‘Balloon Activists’ in Ambon
Ill-Treatment of Political Prisoners in Earlier Episodes Raises Grave Concerns
http://www.hrw.org/en/news/2010/08/10/indonesia-free-balloon-activists-ambon
August 10, 2010

Related Materials:
Prosecuting Political Aspiration
Indonesia: Stop Prosecuting Peaceful Political Expression
Indonesia’s Not-So-Well-Kept Secret

Sadly, free speech in Indonesia is about as sturdy as the detained activists’ balloons. The Indonesian government publicly claims that it respects freedom of expression, so it should live up to its word and free these peaceful protesters immediately.
Phil Robertson, deputy Asia director at Human Rights Watch

(New York) – The Indonesian authorities should immediately release the activists for Moluccan independence arrested in Ambon at the beginning of August 2010, Human Rights Watch said today. The activists were allegedly planning to float banned Moluccan independence flags attached to balloons to protest an August 3 visit by President Susilo Bambang Yudhoyono.

Local sources reported that between 7 and 15 activists were arrested in connection with balloon launch plans to express political opposition to Indonesian rule in the Moluccas Islands. The police reportedly confiscated as evidence 133 posters that read “Free Alifuru and Papua Political Prisoners,” two copies of the June 2010 Human Rights Watch report “Prosecuting Political Aspiration,” 17 separatist Southern Moluccas Republic (Republik Maluku Selatan or RMS) flags, and one 12-pound gas cylinder to be used to fill the balloons. Yudhoyono was in Ambon to open the “Sail Banda” event, organized by the Tourism Ministry and the Moluccas Islands government to promote tourism in the Banda Sea.

“Sadly, free speech in Indonesia is about as sturdy as the detained activists’ balloons,” said Phil Robertson, deputy Asia director at Human Rights Watch. “The Indonesian government publicly claims that it respects freedom of expression, so it should live up to its word and free these peaceful protesters immediately.”

Human Rights Watch expressed grave concern that past torture and ill-treatment of political prisoners in Ambon puts the recently detained activists at serious risk. The detainees should have immediate access to family members and legal counsel, Human Rights Watch said.

Those arrested include Benny Sinay, Izak Sapulete, Andy Marunaya, Edwin Marunaya, Ongen Krikof, Marven Bremer, Steven Siahaya, and Ony Siahaya. Jacob Sinay, who lost his civil service job in December 2009 because of his political activism, is also being held. Most were arrested at their homes on August 2 and 3. Some were also arrested because they publicly unfurled the separatist RMS flag in some places in the archipelago, including on Ambon and Saparua islands.

Observers at the Sail Banda event in the Yos Sudarso seaport in Ambon described what they considered to be a very large deployment of police officers and military personnel. The security forces apparently sought to prevent a repeat of Yudhoyono’s June 29, 2007 visit, when 28 local Moluccan dancers were able to enter the Ambon stadium, dance the cakalele war dance, and unfurl the RMS flag.

More than 70 men were arrested after the 2007 dance. Many were tortured after being handed over to Anti-Terror Unit 88 forces based in Ambon. The Ambon district court convicted more than three dozen of them, including the dance leader Johan Teterisa, of treason and sentenced them to prison terms ranging from 5 to 20 years. Teterisa was sentenced to 15 years and is in the Malang prison in eastern Java.

Human Rights Watch expressed concern that Ambon authorities confiscated the recent Human Rights Watch report, “Prosecuting Political Aspiration,” as possible evidence in a case against the activists. The report profiles the cases of 10 prominent Papuan and Moluccan activists currently behind bars for expressing their political views, and details ill-treatment they suffered in detention and violations of their due process rights.

In June, Human Rights Watch discussed the findings of the report in Jakarta with officials from the Law and Human Rights Ministry, the Foreign Affairs Ministry, and the National Commission on Human Rights. At least 100 Papuans and Moluccans are in prison in Indonesia for peacefully expressing their political views.

“By arresting the Ambon activists, the Indonesian authorities are repeating the very mistakes that raised doubts globally about Indonesia’s commitment to improving human rights,” Robertson said. “The government should release these peaceful protesters immediately and spare the country further international condemnation.”

Background
Human Rights Watch takes no position on claims to self-determination in Indonesia or in any other country. Consistent with international law, Human Rights Watch supports the right of all individuals, including independence supporters, to express their political views peacefully without fear of arrest or other forms of reprisal.

Most of the current political prisoners in Indonesia were convicted of makar (treason) under articles 106 and 110 of the Indonesian Criminal Code.

However, freedom of expression is protected both in Indonesia’s constitution and international human rights law. The constitution in article 28(e) states, “Every person shall have the right to the freedom of association and expression of opinion.” Article 28(f) provides, “Every person shall have the right to communicate and obtain information for the development of his/her personal life and his/her social environment, and shall have the right to seek, acquire, possess, keep, process, and convey information by using all available channels.”

In December 2007, the Indonesian government issued Government Regulation 77/2007, which regulates regional symbols. Article 6 of the regulation bans display of flags or logos that have the same features as “organizations, groups, institutions or separatist movements.” Both the Papuan Morning Star flag and the RMS flag are considered to fall under this ban.

The International Covenant on Civil and Political Rights, which Indonesia ratified in 2006, also protects the right to free expression. Under article 19, “[e]veryone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

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